Missouri AG Petitions U.S. Supreme Court to Lift Gag Order on Trump, Delay Sentencing

Missouri Attorney General Andrew Bailey has filed a petition with the U.S. Supreme Court, urging the removal of a gag order imposed on former President Donald Trump and seeking to postpone his sentencing in a New York criminal case until after the November 5 election.

Bailey's legal maneuver represents a bold attempt to involve Missouri in Trump's ongoing legal battles, arguing that rulings by Judge Juan Merchan have unfairly restricted Trump's ability to campaign freely.

The lawsuit frames the issue as a state-level dispute, contending that the gag order placed by Merchan severely limited Trump's public discourse, particularly regarding criticisms of the judge and his family. Specifically, Trump has been restrained from addressing concerns about Merchan's daughter's prior involvement with Democratic campaigns, which Bailey asserts impedes Trump's campaign messaging.

The outcome of Bailey's petition remains uncertain, with its acceptance by the Supreme Court still pending. Recently, Judge Merchan agreed to delay Trump's sentencing until September 18, pending a review of presidential immunity rulings and their potential impact on the New York case.

Under the terms of the gag order, Trump is prohibited from discussing court personnel beyond Judge Merchan, individual prosecutors, and any family members associated with them or the district attorney's office. Although partially lifted after Trump's trial, the order still prevents him from targeting certain individuals, citing concerns that such remarks could incite threats or harassment.

In a statement to Axios, Bailey emphasized the importance of upholding First Amendment rights and ensuring public access to political candidates, arguing that the gag order unjustly restricts the electorate's ability to hear directly from Trump during the campaign season.

Why it matters: Bailey's petition attempts to influence a high-profile criminal case involving a former president. The outcome could set a precedent for how state-level officials intervene in federal court proceedings. It raises questions about the balance between judicial oversight and political speech rights during elections.

Key takeaways:

• Missouri AG Andrew Bailey filed a petition asking the Supreme Court to lift Trump's gag order and delay sentencing until after the election.
• The petition argues that the gag order infringes on Trump's campaign rights and public access to political discourse.
• Judge Merchan recently agreed to postpone Trump's sentencing pending further legal review, adding complexity to the case.
• The Supreme Court's decision on whether to hear the case remains uncertain.
• The gag order, initially broad, was partially lifted but still restricts Trump from certain criticisms to prevent potential threats.